Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, August 15th, 2006
Bloomfield Township Hall
I. ATTENDANCE:
PRESENT: Board Members Lisa Seneker, James Aldrich, Larry
Smith, Robert Taylor, Brian Henry, Chairman Jane Reisinger
ABSENT: Dan Devine, Brian Kepes, Corinne Khederian
STAFF PRESENT: Patricia McCullough, Planning and Building
Director, Brenda Schlutow, Code and Ordinance Director, Robin
Carley, Development Coordinator.
II. APPROVAL OF MINUTES:
A. Approval of the Zoning Board of Appeals Minutes of July
11th, 2006.
Motion was made by Ms. Seneker, Seconded by Mr. Aldrich to
approve the Minutes of July 11th, 2006 as written.
Motion carried, 6 – 0.
Chairman Reisinger addressed the audience and indicated
that item (17) 3984 Columbia Drive was withdrawn at the
petitioner’s request.
III. APPEALS:
NEW ITEMS
Mr. Taylor recused himself from the following item
indicating his relationship with the architectural control
review committee that reviewed the petitioner’s plans.
(1) 328 Wadsworth Lane – K. Kauth
Mr. Kevin Kauth, homeowner, was present seeking approval
for existing wood and chain link fencing being used as a dog
run area with an overall height of 6-feet to enclose the
entire rear yard of Lot 348, Westchester Village No. 3,
Section 34. Article XV, Section 1510 of Zoning Ordinance No.
265 states fences in a residential district shall not exceed
4-feet in height. Section 6 of General Ordinance No. 423
states that all outdoor enclosures and fenced dog run areas,
are subject to the review and approval by the Board of Appeals
and that dogs shall not be confined or restrained in any
manner except within the rear yard in an area setback at least
25-feet from the rear lot line and 16-feet from the side lot
lines. (19-34-128-016)
Mr. Kauth addressed the Board with the request for an
existing wood and chain link fence being utilized as a dog run
with an overall height of 6-feet to enclose the front yard, a
5-foot chain link fence at the rear and side yards. Mr. Kauth
indicated the 6-foot fence was constructed approximately one
year ago to keep the dogs in the rear yard. Mr. Kauth
presented pictures to the Board indicating the 6-foot wood
privacy and the 5-foot chain link fence. Mr. Kauth presented
screening the 5-foot fence with evergreens.
Ms. Seneker made comment of a letter received in objection
from Mr. Patrick Callahan, resident at 3169 Pebble Lane.
Mr. James Tousignant, President of Greater Westchester
Village Association, was present and spoke in objection of the
existing fences. Mr. Tousignant commented the Association
would allow 4-foot high decorative fences but would not allow
chain link fences.
Mr. Robert Lee, resident at 345 Dalebrook, was present and
spoke in objection and addressed his concerns of the Township
Ordinance’s as they relate to the fence requirements.
Chairman Reisinger suggested to the Board to table the item
to allow the association and neighbor to discuss.
Motion by Ms. Seneker, Seconded by Mr. Henry in regard to
the appeal at 328 Wadsworth Lane for the existing wood and
chain link fencing being used as a dog run area, that the
request be tabled without prejudice to September 12th, 2006
meeting, to allow the petitioner to seek the approval from the
subdivision association and the neighbor at 345 Dalebrook.
Motion carried, 5 – 0 – 1.
Yeas: Seneker, Henry, Aldrich, Smith, Reisinger
Nays: None
Abstained: Taylor
(2) 1526 Winthrop Road – L. Rodges
Mr. and Mrs. Larry Rodges, homeowners, were present seeking
approval for an existing accessory structure, a 13’ x 20’ x
10’ high gazebo, located in a rear yard more than 16-feet from
the side lot lines and 15-feet from the rear lot line for Lot
17, East Bloomfield
Highlands Subdivision, Section 3. Article XV, Section 1503
of Zoning Ordinance No. 265 states that accessory structures
shall not be located closer than 16-feet to any side or rear
lot line and shall require the review and approval of the
Zoning Board of Appeals. (19-03-301-002)
Mrs. Teresa Rodges addressed the Board with the request for
an existing gazebo, located in a rear yard. Mrs. Rodges
indicated the existing gazebo provides shelter and shade for
the family during the evening hours.
Adjacent rear neighbor in the audience was present and was
in support of the variance request.
Ms. Seneker made comment to the Board in regards to a
unanimous letter received complaining about open storage
within the subdivision.
Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to
the appeal at 1526 Winthrop Road, for the existing accessory
structure, a 13’ x 20’ x 10’ high gazebo, be approved as
submitted, and the variance for the rear yard location be
granted, based on the information presented, the applicant did
demonstrate compliance with Section 1804 Standards, and did
demonstrate all of the standards for practical difficulty.
Accessory structure is not to be utilized for open storage at
any time.
Motion carried, 6 – 0.
(3) 2888 Colonial Way – R. Bordener
Mr. Robert Bordener, homeowner, was present seeking
approval for an existing accessory structure, a 19’ x 10.5 x
9.2’ high carport screened with plantings, located in a side
yard 4.3-feet from the easterly side lot line of Lot 34,
Colonial Estates, Section 10. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory structures
shall not be erected in any required yard, except a rear yard,
shall not be located closer than 16-feet to any side or rear
lot line and shall require the review and approval of the
Zoning Board of Appeals. (19-10-151-043)
Mr. Bordener addressed the Board with the request for an
existing carport, screened with plantings, located in the side
yard. Mr. Bordener indicated the existing carport is utilized
to house his vehicle that allows his vehicle to be kept out of
the driveway. Mr. Bordener commented that the existing garage
does not allow for two vehicles. Mr. Bordener made mention of
a petition submitted with signatures of twelve neighbors
approving the variance request.
Ms. Seneker made comment as to the letter received in
opposition from Mr. and Mrs. John Cole, residents at 2874
Colonial Way.
Mr. Taylor questioned how is the canvas supported.
Mr. Bordener replied there are metal joist that cross
connect and are bolted into the roof and then bolted into the
poles of the structure that supports the canvas.
Motion by Mr. Taylor, Seconded by Ms. Seneker for the
appeal at 2888 Colonial Way for the existing accessory
structure, a 19’ x 10.5’ x 9.2’ high carport, be approved as
submitted, and the variance for the side yard location be
grated, based
on the information presented, the applicant did demonstrate
compliance with Section 1804 Standards, and did demonstrate
all of the standards for practical difficulty. Contingent upon
additional evergreen screening being installed, accessory
structure not to be utilized as open storage, and obtain
building permits.
Motion carried, 6 – 0.
Mr. Henry, Board Member, disclosed to the Board that his
daughter is a senior at Marion High School.
(4) 7225 Lahser – St. Mary’s Academy/Marion High School
Mr. John Argenta, of CDPA Architects, was present seeking
approval for the construction of an addition that exceeds the
height limitation within the R-1 zoned district. The addition
would accommodate a new gymnasium with a new fly loft roof
constructed over the existing gym measuring 31.8-feet high and
42.4-feet high respectively. Acreage Parcel AC336B-2, Lot 40,
52, 53, Supervisor’s Plat of Berkshire Forest No. 1, Section
34. Article XIV, Section 1400 of Zoning Ordinance No. 265
allows for building height at a maximum of 30-feet.
(19-34-351-003; 004; 005; 010)
Mr. Argenta addressed the Board with the request for the
construction of an addition, which would accommodate a new
gymnasium with a new fly loft roof to be constructed over the
existing gym. Mr. Argenta indicated site plan approval was
granted from the Planning Commission subject to the two height
variances. Mr. Argenta referred to the site plan and indicated
the gymnasium ceiling requires a 25-foot interior height to
suit Michigan High School Athletic Association requirements
for high school competition. Mr. Argenta asked the Board for a
variance of an additional 1.9-feet in height to accommodate a
new gymnasium addition. Mr. Argenta addressed the proposed
gymnasium with a new fly loft roof constructed over the
existing gym that would allow for the theatrical/drama class
to fly scenery. Mr. Argenta asked the Board for a variance of
12.2-feet in height to accommodate a new fly loft.
Ms. Patti McCullough, Director of Planning and Building,
made mention of the Planning Commission meeting which, was
heard on July 17th, 2006 and forwarded to the Zoning Board of
Appeals and the Township Board of Trustees with conditions.
Ms. McCullough indicated the comments made by the Planning
Commission were the addition to the
school at the rear not to be visible from Lahser, the
height of the fly loft, and the proposed gymnasium being
visible from the neighbors on Lahser. Ms. McCullough indicated
that the Planning Commission requested a visual impact site
plan to be presented to the Zoning Board of Appeals as to the
height of the addition, the parking lot enhancement with
additional landscaping and the dumpster enclosure area was to
be cleaned up.
Mr. Argenta referred to the site plan and indicated to the
Board the new fly loft area and the proposed gymnasium
addition as it relates to Lahser Road.
Mr. Henry questioned when did the 25-foot clear height
inside the gymnasium rule go into effect from Michigan High
School Athletic Association and what is the result if the
variance would be denied.
Mr. Argenta replied the 25-foot clear height rule went into
effect approximately 15 years ago from Michigan High School
Athletic Association. Mr. Argenta commented if the variance
request is denied, High School district competition finals
could not be played at Marion High School.
Ms. Seneker questioned what would the materials of the new
dumpster be made of.
Mr. Argenta replied the wooden dumpster would be refigured
with masonry to meet the Township requirements.
Ms. Nancy Batlemento, resident at 7244 Lahser Road, was
present and spoke in support of the variance request.
Mr. David Bogart, resident at 1570 Orchard Lane, was
present and spoke with concerns of landscaping the view of the
fly loft from his residence and the construction hours during
the weekend.
The Board discussed additional evergreen screening
requirements for the south elevation of the proposed addition
for Marion High School.
Motion by Ms. Seneker, Seconded by Mr. Henry in regard to
the appeal at 7225 Lahser Road for a building to exceed the
maximum building height within the R-1 zoned district, be
approved as request. Based on the information presented, the
applicant did demonstrate to the Board’s satisfaction all of
the standards for practical difficulty. Contingent upon
completion of construction the officials of
Marion High School is to meet with Mr. Bogart, neighbor at
1570 Orchard Lane, to add additional evergreen screening, at
least 10-feet in height and the wooden dumpster enclosure is
to be masonry.
Motion carried, 6 – 0.
(5) 1610 Lakeway Drive – W. Gaffney
Mr. William Gaffney, homeowner, was present seeking
approval for the construction of an accessory structure, a 24’
x 26’ x 16’ high detached garage with an overall square
footage of 624-square feet, which exceeds 50% of the main
floor of the residence, which has an overall square footage of
875-square feet, located in a side yard 25-feet from the
westerly side lot line and 40-feet from the rear lot line for
Lots 401, 402, Ward Orchards, Section 6. The existing home is
constructed on Lot 403. Article II, Section 201 of Zoning
Ordinance No. 265 defines accessory use/structure as a use,
which is clearly incidental to, customarily found in
connection with, and located on the same zoning lot as, the
principal use to which it is related. Article XV, Section 1503
of Zoning Ordinance No. 265 states that accessory structures
shall not be erected in any required yard, except a rear yard,
shall not exceed one-half (1/2) in the ground floor area of
the main building, and shall require the review and approval
of the Zoning Board of Appeals. (19-06-136-015; 016; 017)
Mr. Gaffney addressed the Board with the request for a 24’
x 26’ x 16’ high detached garage to be located in a side yard.
Mr. Gaffney indicated the previous garage was demolished due
to it being an unsafe structure. Mr. Gaffney referred to the
site plan and indicated the proposed location of the detached
garage and new driveway.
Ms. Seneker questioned the materials and the color of the
proposed detached garage.
Mr. Gaffney replied the material would be vinyl siding,
light gray in color with white trim to match the existing
house.
Ms. Seneker made mention of a letter received from Mr.
Gaffney on August 1st, 2006 requesting three lots 401, 402,
and 403 to be combined as one for the tax year of 2007.
Mr. Henry questioned if plumbing would be installed in the
detached garage.
Mr. Gaffney replied there would be no plumbing installed in
the detached garage.
Motion by Mr. Henry, Seconded by Mr. Aldrich in regard to
the appeal at 1610 Lakeway Drive for the construction of a
detached garage be approved as submitted and the variance for
the detached garage to be located in a side yard, which
exceeds 50% in the ground floor area of the main building be
granted, based on the information presented, the applicant did
demonstrate compliance with Section 1804 Standards, and did
demonstrate all of the standards for practical difficulty.
Petitioner is to submit a Single Family Affidavit to the
Township.
Motion carried, 6 – 0.
(6) 4235 Carey Lane – M. Gerendasy & P. Porter
Mr. Michael Gerendasy and Patricia Porter, homeowners, were
present seeking approval for a 7.9-foot encroachment into the
required 40-foot front yard setback for the construction of a
single-story garage and front porch addition, located
32.1-feet from the front lot line. Also seeking approval for a
1.6-foot encroachment into the required 35-foot rear yard
setback for the construction of a single-story master bedroom
addition, located 33.4-feet from the rear lot line of Lot 5,
Wing Lake Court, Section 29. The existing home is currently
non-conforming. Article XIV, Section 1502 of Zoning Ordinance
No. 265 states that non-conformities shall not be enlarged
upon, expanded, or extended. Article XIV, Section 1400 of
Zoning Ordinance No. 265 requires a minimum of 40-feet in the
front yard setback and a minimum of 35-feet in the rear yard
setback. (19-29-252-004)
Mr. Gerendasy addressed the Board with the request for a
7.9-foot encroachment into the front yard setback for the
construction of a single-story garage and front porch
addition. Mr. Gerendasy indicated the garage would allow for
two vehicles and storage of lawn equipment with some general
storage. Mr. Gerendasy also asked the Board for a 1.6-foot
encroachment into the rear yard setback for the construction
of a single-story master bedroom addition.
Ms. Seneker made mention of a letter in support of the
variance request received from Ms. Susan Janks, resident at
4217 Carey Lane.
Mr. Joe Roman, Architect of Roman Designs, was present and
indicated the existing home and garage is currently
non-conforming therefore, leaving the property owner with
limited space to enlarge or expand upon.
Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to
the appeal at 4235 Carey Lane for a 7.9-foot encroachment into
the required 40-foot front yard setback and a 1.6-foot
encroachment into the required 35-foot rear yard setback for
the existing non-conforming building, that the variance be
approved as requested. Based on the information presented, the
applicant did demonstrate to the Board’s satisfaction all of
the standards for practical difficulty.
Motion carried, 6 – 0.
(7) 735 Robinhood Circle – W. Walker & B. Sutherland
Mr. Winthrop Walker and Ms. Barbara Sutherland, homeowners,
were present seeking approval for an existing accessory
structure, a river-viewing platform including a staircase and
handicap accessible wheelchair ramps with an overall height of
11.5-feet, located in a rear yard at the water’s edge 5.7-feet
from the westerly side lot line of Lot 10, Riverside Meadows,
Section 24. Article XV, Section 1503 of Zoning Ordinance No.
265 states that accessory structures shall not be located
closer than 16-feet to any side or rear
lot line and shall require the review and approval of the
Zoning Board of Appeals. Article XV, Section 1517 of Zoning
Ordinance No. 265 requires a 25-foot setback from the boundary
or edge of a wetland. (19-24-226-047)
Mr. Walker addressed the Board with a request for an
existing river-viewing platform with a staircase and handicap
accessible wheelchair ramps located in the rear yard at the
water’s edge. Mr. Walker presented photographs to the Board of
the existing platform, staircase, and handicap wheelchair
ramps.
Chairman Reisinger mentioned if the Board granted approval
for the existing river-viewing platform, approval would be
required to meet the requirements of the Michigan Building
Code.
Mr. Christopher Price, resident at 743 Robinhood Circle,
was present and spoke in support of the variance request.
Ms. Seneker made mention of letters received in support of
the variance request from, Mr. & Mrs. Alan Dunker, residents
at 727 Robinhood Circle, Mr. Christopher Price, resident at
743 Robinhood Circle, Mr. & Mrs. Lauren Wolf, residents at 719
Robinhood Circle, and Ms. Kimberly Stahl, friend at 2500 Mann
Road, Clarkston.
Ms. Seneker also made mention of letters received in
opposition of the variance request from, Mr. James Tomaro,
resident at 4691 Burnley, and Mr. & Mrs. James Robertson,
residents at 4711 Burnley.
Ms. Patti McCullough, Planning and Building Director,
suggested to the Board that the petitioner resubmit detailed
drawings to include the platform, ramp, and staircase that
would comply with the 2003 Michigan Building Codes.
Motion by Aldrich, Seconded by Ms. Seneker in regard to the
appeal at 735 Robinhood Circle for an existing river-viewing
platform including a staircase and handicap accessible ramps,
that the request be tabled for 60 days to allow the petitioner
to submit revised drawings that comply with the Building Code
and apply to the Township Building Department for a permit.
Motion carried, 6 – 0.
(8) 766 Tennyson Downs Court – M. Juzych & N. Shalauta
Mrs. Nadia Juzych, homeowner, was present seeking approval
for a 10-foot encroachment into the required 40-foot easterly
front yard setback, Emerson Way Court frontage, and a 4-foot
encroachment into the required 35-foot rear yard setback for
the construction of a below-grade staircase with above grade
4-foot high handrails for Lot 5, Willison’s Bloomfield Farms
Subdivision, Section 24. Article XIV, Section 1400 of
Zoning Ordinance No. 265 requires a minimum of 40-feet in
the front yard setback and a minimum of 35-feet in the rear
yard setback. Article XV, Section 1510 of Zoning Ordinance No.
265 states that fences in a residential district must be
located in a required side or rear yard. (19-24-276-005)
Mrs. Juzych addressed the Board with the request for a
10-foot encroachment into the front yard setback, and a 4-foot
encroachment into the rear yard for the construction of a
below-grade staircase with above grade handrails. Mrs. Juzych
indicated the staircase would allow for her children to access
the rear yard and the lower level play area of the home.
Mr. Kevin Lewand of Lewand Custom Homes, was present and
addressed the two dimensional variances. Mr. Lewand indicated
the property is a corner lot leaving the variance requests in
the front and side yards.
Ms. Seneker made mention of letters received in opposition
from, Mr. & Mrs. John Kolon, residents at 774 Emerson Way
Court, Mr. & Mrs. John Adamo, residents at 790 Emerson Way
Court, and Mr. & Mrs. Kenneth Szymczak, residents at 782
Emerson Way Court.
Chairman Reisinger questioned if there could be another
location for the below-grade staircase.
Mr. Mark Mrozek, architect, was present and addressed the
Board and indicated given the size of the property, the
setbacks are right at the home leaving no room for any type of
an addition. Mr. Mrozek indicated various options were
reviewed and the area proposed was the most aesthetically
pleasing.
Mr. John Kolon, resident at 774 Emerson Way, was present
and spoke in opposition of the variance request.
Mr. & Mrs. Kenneth Szymczak, residents at 782 Emerson Way,
were present and spoke in opposition of the variance request.
Mr. Henry questioned how does the homeowner access the rear
yard now.
Mr. Lewand replied the homeowner gains access to the rear
yard by going through the living room and off the deck of the
home.
Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to
the appeal at 766 Tennyson Downs Court for a 10-foot
encroachment into the easterly front yard setback of Emerson
Way Court frontage, and a 4-foot encroachment into the
required 35-foot rear yard setback for the construction of a
below-grade staircase with above grade 4-foot high handrails
be denied as requested. Based on the
information presented, the applicant did not demonstrate
all of the following: Compliance would be unduly burdensome,
injustice to the adjoining neighbors, considering comments
made by the neighbors, there are unique circumstances with the
property, however, this variance request is self-created.
Motion carried, 6 – 0.
(9) 5890 Snowshoe Circle – D. Robertson
Mr. David Robertson, homeowner, was present seeking
approval for an existing accessory structure, a hot tub
screened with plantings, located in a rear yard more than
16-feet from the southerly side and rear property lines of Lot
22 and also Outlot B, Gilbert Lake Estates, Section 28.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory structures require the review and approval of
the Zoning Board of Appeals. (19-28-176-014)
Mr. Robertson addressed the Board with the request for an
existing hot tub screened with plantings, located in a rear
yard. Mr. Robertson presented photos to the Board indicating
the location and screening of the existing hot tub. Mr.
Robertson presented the Board with the approvals from the
subdivision association and residents at 5920 Snowshoe Circle,
Mr. & Mrs. Jay Hansen.
Motion by Mr. Taylor, Seconded by, Mr. Henry in regard to
the appeal at 5890 Snowshoe Circle for an existing accessory
structure, a hot tub screened with plantings, that the request
be approved as submitted based on the information presented,
the applicant did demonstrate compliance with Section 1804
Standards.
Petitioner to obtain all necessary permits: building and
electrical.
Motion carried, 6 – 0.
(10) 3860 Carriage Street – J. Little
Mr. James Little, homeowner, was present seeking approval
for an existing accessory structure, a play structure with an
overall height of 13.8-feet, located in the northwesterly
corner of the rear yard more than 16-feet from the side and
rear lot lines of Lot 10, Miller Estates No. 1, Section 28.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory structures require the review and approval of
the Zoning Board of appeals. (19-28-251-019)
Mr. Little addressed the Board with the request for an
existing play structure with an overall height of 13.8-feet
located in the northwesterly corner of the rear yard. Mr.
Little referred to the site plan and indicated the existing
play structure. Mr. Little indicated the location of the
existing play structure was best suited given the proposed
location of the
pool and deck in the rear yard. Mr. Little referenced the
power lines that run through his rear yard that also
determined the current location of the play structure.
Chairman Reisinger made mention of a letter received in
objection from Dr. & Mrs. Robert Bota, residents at 5775
Gilbert Lake Road.
Ms. Seneker made mention of letters received in support of
the variance request from, Mr. & Mrs. Michael Schultz,
residents at 3850 Carriage, Mr. William S. Ward, resident at
640 Henley, Mr. & Mrs. Paul Secrest, residents at 5801 Gilbert
Lake Road, and Mr. & Mrs. Richard Moxley, residents at 3851
Carriage Lane.
Dr. Robert Bota, resident at 5775 Gilbert Lake Road, was
present and spoke in objection of the variance request.
Mr. Richard Ehrlich, president of North Hills homeowners
association, was present and indicated the association has
reviewed and approved the play structure. Mr. Ehrlich
indicated the petitioner and the resident at 5775 Gilbert Lake
Road couldn’t agree on the location or screening of the play
structure.
Mr. Richard Moxley, resident at 3851 Carriage Lane, and
representative of the homeowners association, was present and
mentioned the association made an attempt to immediate the
complaint between the petitioner and the neighbor at 5775
Gilbert Lake Road but was unsuccessful.
Ms. Seneker questioned would the petitioner consider
installing evergreen screening at the backside of the play
structure.
Mr. Taylor suggested that the evergreen screening be placed
along the easterly lot line adjacent to 5775 Gilbert Lake Road
lot line to help screen the structure from the neighbor’s
view.
Mr. Henry questioned Mr. Ehrlich if evergreen screening is
required that the Board should be specific as to the number
and the location of the trees.
Mr. Ehrlich replied evergreen screening would be required
to satisfy the resident at 5775 Gilbert Lake Road.
Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to
the appeal at 3860 Carriage Street for an existing play
structure, that the request be approved as
submitted based on the information presented, the applicant
did demonstrate compliance with Section 1804 Standards.
Contingent upon the petitioner installing (5) 12-foot high
blue spruce trees to screen the play structure from 5775
Gilbert Lake Road, to be completed within 30 days. Petitioner
is to abide by Township requirements.
Motion carried, 6 – 0.
(11) 3160 Bradway Boulevard South – E. Larson
Mr. Matt Robertson, was present on behalf of the
homeowners, seeking approval for a 7.6-foot encroachment into
the required 16-foot side yard setback for an air-conditioning
unit, located 8.4-feet from the westerly side lot line. Also
seeking approval for existing wrought iron fencing and gate
with an approximate height of 4-feet, to be used as a dog run
area, located in a side yard 0-feet from the westerly side lot
line and more than 25-feet from the rear lot line on Part of
Lots 759 and 760, Bloomfield Village No. 4, Section 27.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that ground-mounted mechanical or electrical equipment shall
not be located in the required 16-foot side yard setback and
shall be screened from view by a screen wall consisting of
materials identical to those used on the main building or,
through the use of evergreen plant material at least the
height of the equipment ("screen wall") and located at the
point of placement of the equipment. Section 6 of General
Ordinance No. 423 states that all outdoor enclosures and
fenced dog run areas, are subject to the review and approval
by the Zoning Board of Appeals and that dogs shall not be
confined or restrained in any manner except within the rear
yard in an area set back at least 25-feet from the rear lot
line and 16-feet from the side lot line. Article XV, Section
1510 of Zoning Ordinance No. 265 states fences in a
residential district shall not exceed 4-feet in height.
(19-27-328-014)
Mr. Robertson addressed the Board with the requests for an
existing 4-foot high wrought iron fence with a gate to be
utilized as a dog run, and a 7.6-foot encroachment into the
side yard for an air-conditioning unit.
Chairman Reisinger made mention of the letter received from
Mr. Larry Nutson, Manager of Bloomfield Village Association.
Chairman Reisinger indicated the letter approved the placement
of the fourth air-conditioning unit, however no communication
has been made for the existing fence and gate as a dog run.
Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to
the appeal at 3160 Bradway Boulevard South for an existing dog
run area, that the request be denied without prejudice. Based
on the information presented, the applicant did not submit
sufficient information for the Board to act upon the variance
request.
Motion carried, 6 – 0.
Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to
the appeal at 3160 Bradway Boulevard South for a 7.6-foot
encroachment into the required 16-foot
side yard setback for an air-conditioning unit, existing
4-foot high wrought iron fencing with a gate, that the
variance to approved as requested. Based on the information
presented, the applicant did demonstrate to the Board’s
satisfaction all of the standards for practical difficulty.
Contingent upon evergreen screening
around the existing fence and the air-conditioning units.
Petitioner to obtain permits for the air-conditioning units.
Motion carried, 6 – 0.
(12) 4049 Abby Court – N. Gaggo
Mr. Mark Gaggo, homeowner, was present seeking approval for
an existing accessory structure, a 10’ x 12’ x 12’ high
playhouse screened with plantings, located in a rear yard
16-feet from the side and rear property lines of Lot 182,
Wabeek Five, Section 18. Article XV, Section 1503 of Zoning
Ordinance No. 265 states that accessory structures shall
require the review and approval of the Zoning Board of
Appeals. (19-18-178-004)
Mr. Gaggo addressed the Board with a request for an
existing playhouse, located in a rear yard screened with
plantings. Mr. Gaggo indicated he had received a Notice to
Comply letter from the Township Code and Ordinance Enforcement
Department. Mr. Gaggo commented that he had obtained the
approval from the subdivision association and the adjoining
neighbors for the playhouse.
Ms. Seneker made mention of a letter received in opposition
of the variance request from Mr. Richard Knoll, resident at
4134 Golf Ridge Drive East.
Ms. Seneker questioned would the play structure be
landscaped.
Mr. Gaggo replied the play structure would be landscaped
with emerald pine trees 5 to 7-feet in height with hosta
shrubs and flowering bushes. Mr. Gaggo commented the play
structure would be trimmed with pine and painted the color to
match the existing home.
Chairman Reisinger questioned would the play structure be
utilized for storage and would plumbing and heating be
installed in the play structure.
Mr. Gaggo replied that there would be no storage within the
play structure and no plumbing or heating would be installed
in the play structure.
Motion by Mr.Aldrich, Seconded by Ms. Seneker in regard to
the appeal at 4049 Abby Court for an existing playhouse, that
the request be approved with the landscape plan as submitted,
based on the information presented, the applicant did
demonstrate compliance with Section 1804 Standards.
Motion carried, 6 – 0.
(13) 1469 Dell Rose Drive – P. Kalabat
Mr. Steven Kalabat, was present on behalf of the homeowner,
seeking approval to allow for the following renovations for
Part of Lot 17 and all of Lot 18, Dell Rose Gardens, Section 6
(19-06-178-016):
An additional air-conditioning unit screened with
plantings, located in a front yard immediately adjacent to
the residential building adjacent to two existing
air-conditioning units, Ward Road frontage.
A pergola screened with plantings extending 36-feet from
the elevated rear deck with an overall height of 8.9-feet,
located in a rear yard more than 40-feet from Ward Road
frontage.
Two sections of wrought iron fencing with an overall
height of 5.1-feet extending from the residential building
towards a 4-foot high retaining wall for the purpose of
enclosing a pool area, located in a rear yard 25-feet from
the water’s edge.
Pool equipment screened with plantings, located in a rear
yard approximately 63-feet from the residential building and
more than 16-feet from the southerly side lot line.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory structures shall require the review and
approval of the Zoning Board of Appeals and that ground
mounted mechanical and electrical equipment may be permitted
in any side or rear yard when they are placed immediately
adjacent to the residential building. Article XV, Section 1510
of Zoning Ordinance No. 265 states fences in a residential
district shall not exceed 4-feet in height.
Mr. Kalabat addressed the Board with a four-part variance
request. Mr. Kalabat requested an additional air-conditioning
unit to be located in the front yard, immediately adjacent to
the residential building adjacent to two existing
air-conditioning units, screened with plantings. Mr. Kalabat
referred to the site plan and indicated the existing swimming
pool in the rear yard. Mr. Kalabat requested for the pool
equipment to be located 63-feet from the residential building,
located in the rear yard screened with plantings. Mr. Kalabat
commented that the pool contractor determined the location of
the pool equipment based on the grade of the property and
where the existing swimming pool was located. Mr. Kalabat
addressed two sections of the wrought iron fence that would
enclose a swimming pool area. Mr. Kalabat indicated the fence
height would have an overall height of 5.1-feet extending from
the residential building towards a 4-foot retaining wall. Mr.
Kalabat referred to the site plan and indicated a pergola,
adjacent to the renovated deck off of the residence, located
in the rear yard. Mr. Kalabat indicated the pergola would be
screened with plantings. Mr. Kalabat commented Square Lake
Association has granted approval for the variances.
Mr. Taylor made mention of a letter received from Mr. Bruce
Selik, President of Square Lake Association, and indicated
that the letter specifically approves the garden trellis and
wrought iron fence. Mr. Taylor then noted the association
letter specifically eliminated the gazebo with no review
comments provided.
Mr. Kalabat provided the Board with an approved plan signed
by the association. The plan indicated the gazebo and garden
trellis variance plan, signed and dated 8/14/06. Mr. Kalabat
referenced to the Board the gazebo was deleted on the approved
plan.
Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to
the appeal at 1469 Dell Rose Drive for the construction of a
pergola, be approved as submitted, and the variances for a
front yard air-conditioning unit, a 5.1-foot high fence, and
pool equipment located approximately 63-feet from the wall of
the building be granted, based on the information presented,
the applicant did demonstrate compliance with Section 1804
Standards, and did demonstrate all of the standards for
practical difficulty. Contingent upon all outstanding fees are
required to be paid in full and all open or expired permit
issues resolved prior to any new permit release. Petitioner is
to obtain all necessary permits and certificate of occupancy.
Fence supports are to face the petitioner’s property.
Motion carried, 6 – 0.
(14) 7357 Lindenmere Drive – P. Stockmann
Mr. Todd Bergsman of Hunter Roberts Homes, was present
seeking approval to allow for the following renovations for
Lot 182, Meadowlake Farms No. 1, Section 31 (19-31-353-005):
Four 4.5-foot high stone piers, which includes 1.5-foot
tall light fixtures with 2.7-foot high decorative wrought
iron fencing between the four piers, located in a front yard
10.8-feet from the front lot line.
A 10’ x 12’ x 8’ high pool equipment house, located in a
side yard more than 16-feet from the side and rear property
lines.
Revisions to a previously approved kiln house, a 16’ x
23’ x 18.2’ high kiln house with a 10.6-foot high covered
walkway and a 4’ x 16’ x 7.5’ high attached access ramp,
located in a rear yard more than 16-feet from the side and
rear property lines.
A 6.5’ x 1.5’ x 5.9’ high waterfall feature, located in a
rear yard on the westerly side of the existing pool more
than 16-feet from the side and rear lot lines.
A 10’ x 13’ x 9’ high pergola, located in a rear yard
more than 16-feet from the side and rear lot lines.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory structures shall not be erected in any required
yard, except a rear yard, shall not exceed one (1) story or
14-feet in height and shall require the review and approval of
the Zoning Board of Appeals. Article XV, Section 1510 of
Zoning Ordinance No. 265 states that fences in a residential
district must be located in a required side or rear yard and
shall not exceed 4-feet in height.
Mr. Bergsman addressed the Board with a five-part variance
request. Mr. Bergsman referred to the site plan and indicated
four 4.5-foot high stone piers, which includes 1.5-foot tall
light fixtures with 2.7-foot high decorative black wrought
iron fencing between the four piers, located in the front yard
10.8-feet front the front lot line. Mr. Bergsman indicated the
piers would be constructed of the same stone that is on the
house. Mr. Bergsman addressed the 10’ x 12’ x 8’ high pool
equipment house, located in the side yard. Mr. Bergsman
indicated the top of the roof of the equipment house would sit
below the finished first floor grade of the adjacent
residences and would be completely screened from site. Mr.
Bergsman referred to the site plan and indicated on May 10th,
2005 the Zoning Board previously approved a 16’ x 20’ x 14’
high kiln house with a 9.8-foot high covered walkway in the
rear yard. Mr. Bergsman indicated by revising the design with
the elimination of the retaining wall and creating a 4-foot
wide by 16-foot long wood access ramp that would allow the
surrounding vegetation not to be disturbed. Mr. Bergsman
indicated with the revision the kiln house would stand 18.2’
off the rear of the property, the front and side of the kiln
house would be under the 14-foot above the surrounding grade.
Mr. Bergsman referenced a 6.5’ x 1.5’ x 5.9’ high waterfall
feature on the site plan that would be located in the rear
yard on the westerly side of the existing pool completely
screened by evergreens. Mr. Bergsman addressed a 10’ x 13’ x
9’ high pergola, located in a rear yard screened with
evergreen plantings.
Mr. Taylor addressed the previous Zoning Board of Appeals
meeting on May 10th, 2005 and questioned the practical
difficulty variance before the Board presently.
Mr. Bergsman referred to the site plan and referenced the
kiln house in the rear yard.
Mr. Bergsman indicated the original variance request was
measured from wall-to-wall the revised variance request was
measured to the furthest projection points. Mr. Bergsman
indicated by eliminating the retaining wall, the kiln house is
now exposing 3-4-feet of the foundation, which would be stucco
to match the existing structure. Mr. Bergsman indicated the
site is heavily wooded and with the revised change several
large, mature trees would remain unharmed.
The Board discussed in detail the height variance of the
kiln house.
Mr. Bergsman replied additional landscaping could be
installed to help soften the exposed foundation of the kiln
house.
Chairman Reisinger referred to the site plan and indicated
each individual variance request.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to
the appeal at 7357 Lindenmere Drive for the stone piers, a
pool equipment house, revisions to a kiln house with a covered
walkway and access ramp, a water fall feature, and a pergola
be approved as submitted, and the variance for the fencing
located in a front yard, a pool equipment house located in a
side yard, and the height of an 18.2’ high kiln house with a
covered walkway and access ramp be granted, with additional
stone work and landscaping to be installed around the kiln
house, based on the
information presented, the applicant did demonstrate
compliance with Section 1804 Standards, and did demonstrate
all of the standards for practical difficulty.
Motion carried, 6 – 0.
(15) 1530 Long Lake Road West – V. Ubom
Mr. Josh Tobias of Tobias Construction, was present seeking
approval for the construction of an accessory use/structure,
an in-door swimming pool, located in the lower level of a new
home on Part of Lot 4, Island Lake Estates, Section 17.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory use shall require the review and approval of
the Zoning Board of Appeals. (19-17-301-016)
Mr. Tobias addressed the Board with a request for the
construction of an in-door swimming pool, located in the lower
level of a new home.
Mr. Henry questioned if the swimming pool is a swim in
place pool.
Mr. Tobias replied the swimming pool is a swim in place
pool.
Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to
the appeal at 1530 Long Lake Road West for the construction of
an in-door swimming pool, that the request be approved as
submitted based on the information presented, the applicant
did demonstrate compliance with Section 1804 Standards.
Motion carried, 6 – 0.
(16) 5561 Lakeview Drive – P. Hittler & M. Konczalski
Mr. Paul Hittler, homeowner, was present seeking approval
for an accessory structure, a replacement air-conditioning
unit screened with plantings, located in a front yard,
Oak Grove Drive frontage, immediately adjacent to the
residential building on Lot 8, Geisler’s Wing lake Heights,
Section 29. Article XV, Section 1503 of Zoning Ordinance No.
265 states that ground-mounted mechanical and electrical
equipment shall be permitted in any side or rear yard when
placed immediately adjacent to the residential building.
(19-29-127-005)
Mr. Hittler addressed the Board with the request for a
replacement of an air-conditioning unit screened with
plantings, located in a front yard. Mr. Hittler indicated a
falling oak tree destroyed the previous air-conditioning unit.
Mr. Hittler presented the Board with the approval from the
subdivision association.
Chairman Reisinger questioned would additional screening be
installed.
Mr. Hittler replied a blooming tree would screen the
proposed air-conditioning unit.
Motion by Ms. Seneker, Seconded by Mr. Henry in regard to
the appeal at 5561 Lakeview Drive for the request to replace
an air-conditioning unit in a front yard, that the variance be
approved as requested. Based on the information presented, the
applicant did demonstrate to the Board’s satisfaction all of
the standards for practical difficulty. Petitioner to obtain
all necessary permits.
Motion carried, 6 – 0.
(17) (Item has been removed from the agenda, at the
petitioner’s request)
Seeking approval for a 6-foot encroachment into the
required 16-foot side yard setback for the construction of a
single-story sunroom addition for the existing non-conforming
building, located 10-feet from the westerly side lot line of
Lot 16, Wabeek Ridge, Section 18. Article XV, Section 1502 of
Zoning Ordinance No. 265 states that non-conformities shall
not be enlarged upon, expanded or extended. Article XIV,
Section 1400 of Zoning Ordinance No. 265 requires a minimum of
16-feet in the side yard setback. Sterling & Vanessa Wesley,
3984 Columbia Drive, 19-18-253-012)
(18) 2759 Turtle Ridge Drive – R. Goldsberry
Mr. Glenn Kunnath of Thomas Sebold and Associates, was
present seeking approval for the following accessory
structures for Unit 20, Turtle Lake, Section 7:
A brick screen wall with an overall height of 5-feet for
the purpose of screening two existing air-conditioning units
and utilities within Turtle Ridge Drive frontage.
An in-ground hot tub, located in the front yard.
The location of three air-conditioning units, located in
a rear yard approximately 7-feet from the wall of the
building.
Article XV, Section 1510 of Zoning Ordinance No. 265 states
that fences in a residential district must be located in a
side or rear yard and shall not exceed 4-feet in height.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory
use/structures shall not be erected in any required yard,
except a rear yard, require the review and approval of the
Zoning Board of Appeals, and that ground mounted mechanical or
electrical equipment shall be permitted in any side or rear
yard when placed immediately adjacent to the residential
building. (19-07-202-019)
Mr. Kunnath addressed the Board with a three-part variance
request. Mr. Kunnath referred to the site plan and indicated
due to the configuration of the home and the topography of the
lot, there is 36-feet of fall off from the rear to the front
of the home, which caused the need for numerous retaining
walls and stairs to be installed. Mr. Kunnath indicated a
5-foot screen wall would enclose the two front yard
air-conditioning units. Mr. Kunnath referred to the site plan
and indicated an in-ground hot tub, located in the front yard
on the northern upper terrace. Mr. Kunnath addressed the
location of three air-conditioning units, located in the rear
yard approximately 7-feet from the main house structure. Mr.
Kunnath commented separating the three air-conditioning units
from the main house is a 7-foot wide walkway, which connects
to a set of landscape stairs leading to the rear terraces of
the home.
Ms. Seneker questioned the material to be used for the
screen wall for the air-conditioning units.
Mr. Kunnath replied the material for the screen wall would
match the existing home. Mr. Kunnath commented evergreen
screening would be installed to help soften the view of the
wall.
Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to
the appeal at 2759 Turtle Ridge Drive for the location of a
5-foot high screen wall, two front yard air-conditioning
units, three air-conditioning units located 7-feet from the
wall of the residential building, and an in-ground hot located
in a front yard, that the variance be approved as requested.
Based on the information presented, the applicant did
demonstrate to the Board’s satisfaction all of the standards
for practical difficulty.
Motion carried, 6 – 0.
(19) 1234 Water Cliff Drive – J. Giannetti
Mrs. Kathy Giannetti, homeowner, was present seeking
approval for an existing accessory structure, a hot tub,
located in a front yard more than 16-feet from the rear lot
line, Water Cliff and Copper Cliff Court frontages, on Lot 52,
Echo Park No. 2, Section 17. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory
structures shall not be erected in any required yard,
except a rear yard, and shall require the review and approval
of the Zoning Board of Appeals. (19-17-476-032)
Mrs. Giannetti addressed the Board with a request for an
existing hot tub, located in the front yard. Mrs. Giannetti
proposed to install sixteen arborvitaes 5-6-feet tall all
around the perimeter of the existing hot tub.
Chairman Reisinger made mention of the letter received in
opposition as to the location of the hot tub for the variance
request from Echo Park Subdivision Homeowners Association.
Mrs. Giannetti replied there is not a lot of room directly
behind the home to place the hot tub.
Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to
the appeal at 1234 Watercliff for an existing hot tub, located
in a front yard be tabled to September 12th, 2006 to allow the
petitioner to provide a landscape plan to the subdivision
association and seek their approval.
Motion carried, 6 – 0.
(20) 1730 Beechwood Way – J. Danto
Mr. John Mayer, Landscape Architect, was present seeking
approval for the construction of accessory structures,
retaining and planter walls screened with plantings with an
overall height of 8.5-feet to allow for the construction of
two raised patios and two staircases, the retaining and
planter walls are located in the westerly side and rear yards
2-feet from the westerly side lot line and 2-feet from the
rear lot line, the raised patio is located 23.8-feet from the
rear lot line of Lot 20, Wabeek Manor, Section 7. Article XV,
Section 1503 of Zoning Ordinance No. 265 states that accessory
structures shall not be erected in any required yard, except a
rear yard, shall not be located closer than 16-feet to any
side or rear lot line and shall require the review and
approval of the Zoning Board of Appeals. Article XIV, Section
1400 of Zoning Ordinance No. 265 requires a minimum of 35-feet
in the rear yard setback. (19-07-453-006)
Mr. Mayer addressed the Board with the request for
retaining and planter walls screened with plantings with an
overall height of 8.5-feet that would allow for the
construction of two raised patios and two staircases, located
in the westerly side and rear yard. Mr. Mayer provide a
landscape plan and indicated the garden walls would retain and
define garden beds that would be landscaped with an assortment
of flowering plants. Mr. Mayer referred to the proposed
planter, which would match the proposed upper terrace
construction located in the rear yard. Mr. Mayer indicated the
masonry construction would have a veneer of stone and paving
of bluestone.
The Board discussed the submitted landscape plan in detail.
Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to
the appeal at 1730 Beechwood Way for the construction of
retaining and planter walls, that the request be approved as
submitted, and the variance for a 14-foot encroachment into
the required rear yard for the construction of retaining and
planter walls, and a 11.2-foot encroachment into the required
35-foot rear yard setback for the construction of two raised
patios and two staircases be granted, based on the information
presented, the applicant did demonstrate compliance with
Section 1804 Standards, and did demonstrate all of the
standards for practical difficulty. Approval is contingent
upon landscape plan with evergreens being submitted to the
Planning Department.
Motion carried, 6 – 0.
(21) 4539 River Trail – T. Dehko
Mr. Paul Gilgallon, Architect and representative of
American Pools, was present seeking approval for the
construction of an accessory use/structure, an in-ground
swimming pool, located in a front yard, Franklin Road
frontage. Also seeking approval for the installation of 4-foot
high fencing to enclose the proposed swimming pool, located on
private property in front and side yards, Franklin Road
frontage. Also seeking approval for a 1.5-foot encroachment
into the required 16-foot side yard setback for the
installation of pool equipment screened with plantings,
located 14.5-feet from the northerly side lot line for Lot 30,
Franklin Ravines, Section 31. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory use/structures
shall not be erected in any required yard, except a rear yard,
shall be reviewed by the Zoning Board of Appeals, that ground
mounted mechanical and electrical equipment may be permitted
in any side or rear yard when placed immediately adjacent to
the residential building, and that the equipment shall not be
located in the required 16-foot side yard setback. Article XV,
Section 1510 of Zoning Ordinance No. 265 states that fences in
a residential district must be located in a required side or
rear yard. (19-31-427-016)
Mr. Gilgallon addressed the Board with a request for
swimming pool equipment and a 4-foot high fence both located
in the front yard of Franklin Road. Mr. Gilgallon indicated
upon construction of the swimming pool it was discovered by
the Building inspector that this property abuts Franklin Road,
which is a front yard that would require a variance.
Chairman Reisinger made mention of a letter received in
opposition from Mr. & Mrs. Joel Seidman, residents at 4549
River Trail.
Chairman Reisinger requested to view the approved site plan
and commented to the Board that Franklin Road was not
indicated on the site plan at the time of permit issuance.
Ms. Seneker made mention of the opposition letter received
from Mr. Steven Dunn, previous President of Franklin Ravines
Homeowners Association.
Ms. Mary Leduke, President of Franklin Ravines Homeowners
Association, was present and addressed two concerns. Ms.
Leduke indicated concerns with the 1.5-foot encroachment into
the side yard and the 4-foot high fence location.
Mr. Gilgallon referred to the site plan and indicated a
patio and sunroom addition is currently under construction.
Mr. Gilgallon indicated the patio is raised which would allow
access into the swimming pool.
Mr. & Mrs. Joel Seidman, residents at 4549 River Trail, was
present and spoke in objection of the variance requests. Mr.
Seidman expressed his concerns relating to the fence material
to be used and the landscaping to be installed.
Chairman Reisinger suggested to the Board to table the item
to allow the petitioner to work out the variance requests with
the adjacent neighbor and the association.
Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to
the appeal at 4539 River Trail for the construction of a
swimming pool, and to locate an in-ground swimming pool and
fencing in a front yard. Also, a 1.5-foot encroachment into
the side yard for the placement of pool equipment variances be
tabled to September 12th, 2006 to allow the petitioner to seek
the approval from the subdivision association and the adjacent
neighbors. Contingent upon submittal of a new landscape plan,
indicating the relocation of the pool equipment so it is not
visible from the side yard and submit fence details.
Motion carried, 6 – 0.
(22) 2285 Franklin Road – Ambrose Properties LLC/CIT
Ms. Natasha Vassallo of Sign-A-Rama, was present seeking
approval for a 10-foot encroachment into the required 25-foot
street side setback for the construction of a 6.4’ x 5’ high
ground sign, located 15-feet from the road right-of-way line,
Franklin Road frontage, Part of Lots 15 and 16, Bloomfield
Terrace, Section 4. Article XV, Section 1512 of Zoning
Ordinance No. 265 states that no ground sign shall be located
nearer than 25-feet to any existing or proposed right-of-way
line within the Research Park zoned district. (19-04-351-046)
Ms. Vassallo addressed the Board with the request for a
10-foot encroachment into the 25-foot street side setback for
the construction of a 6.4’ x 5’ high ground sign for CIT, the
proposed client. Ms. Vassallo indicated if the sign were
setback 25-feet from the setback as required by the current
zoning, the sign would not be visible from the street.
Ms. Vassallo commented keeping the proposed sign in line
with the other signs on the same side of the street would be
aesthetically pleasing to the community.
Ms. Barbara Bell, representative of CIT, was present and
referred to the site plan and indicated the existing row of
trees. Ms. Bell commented if the sign were placed within the
existing row of trees, the sign would not be visible to
traffic.
Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to
the appeal for 2285 Franklin Road for a 10-foot encroachment
into the required 25-foot street side setback, that the
variance be approved as requested. Based on the information
presented, the applicant did demonstrate to the Board’s
satisfaction all of standards for practical difficulty.
Motion carried, 6 – 0.
(23) 6495 Telegraph Road – Armada Real Estate – Bloomfield
BP
Mr. David Lubin, of Lubin, Schulz & Skocelas Architectures,
was present seeking approval for the following variances to
allow site improvements for AC270F-1-2, Section 28
(19-28-352-003):
An 18-foot high canopy above the pump islands for the
proposed single story building, Telegraph and Maple Road
frontages.
Encroachments into the parking setbacks on the north,
west and south property lines. A 25-foot parking setback is
required in front yards along Telegraph and Maple, where a
0’ and a 5’ setback are proposed respectively. The proposed
parking directly abuts the side property line, which
requires a 10-foot setback.
Lack of a 1,060-square foot loading area.
Article XV, Section 1503 of Zoning Ordinance No. 265 states
that accessory structures shall not be erected in any required
yard, except a rear yard, shall not exceed 14-feet in height,
and shall require the review and approval of the Zoning Board
of Appeals. Article XIV, Section 1400 of Zoning Ordinance No.
265 requires a minimum of 25-feet in the front yard parking
setback, a minimum of 10-feet in the side yard parking
setback, and states that loading space shall be provided in
the rear yard.
Mr. Lubin addressed the Board with a three-part variance
request. Mr. Lubin referred to the proposed site plan to
include a new convenience store, gas station, and a
drive-through Dunkin’ Donuts. Mr. Lubin referred to four
existing curb cuts, with this proposed site improvements two
curb cuts would be closed. Mr. Lubin indicated the one curb
cut on Maple Road would be relocated slightly to the west to
facilitate stacking of vehicles. Mr. Lubin addressed the two
existing canopies; with the proposed site improvements there
would be one canopy to cover five fuel pump drive-in islands.
Mr. Lubin indicated the proposed convenience store building
and the canopy structure materials would be of limestone and
brick. Mr. Lubin indicated the loading area would receive
shipments at 4:00 AM.
Ms. Patti McCullough, Director of Planning and Building,
made mention of the Planning Commission meeting from July
17th, 2006. Ms. McCullough indicated the following was
forwarded to the Zoning Board with recommendation for
approval:
The 18-foot height of the proposed canopy addition with
14-feet permitted for an accessory structure. No loading space
provided with 1,060 sq. ft. loading space required in the rear
of the building. 20 and 25-foot front parking setbacks from
West Maple and Telegraph Roads, with 25-feet required, and
0-foot side parking setback with 10-feet required. Ms.
McCullough indicated the motion included that the revised
plans submitted to the Zoning Board were to include the
proposed screening of the rooftop mechanicals and the masonry
dumpster enclosure with a wooden gate.
Chairman Reisinger questioned would there be landscaping
for the new site.
Mr. Lubin replied landscaping would be installed on the
north and south sides of the property. Mr. Lubin indicated a
landscaping plan would be provided.
Mr. Ray Bayling of Schostak Brothers, was present and spoke
in support of the variance request.
Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to
the appeal at 6495 Telegraph Road for the construction of a
canopy, be approved as submitted, and the variance for the
construction of an 18’ high canopy, Telegraph and Maple Road
frontages, encroachments into the parking setbacks on the
north, west and south property lines and no loading area for
the proposed building be granted, based on the information
presented, the applicant did demonstrate compliance with
Section 1804 Standards, and did demonstrate all of the
standards for practical difficulty.
Motion carried, 6 – 0.
IV. GENERAL BUSINESS
Next Board Meeting – September 12th, 2006
V. ADJOURNMENT
Respectfully submitted,
Patricia McCullough, Director
Planning and Building Department
APPROVED MINUTES WILL BE AVAILABLE
AT THE PLANNING DEPARTMENT
AFTER THE NEXT SCHEDULED BOARD OF APPEALS
MEETING.
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